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Book Review
Canada and the United States
J. Morgan Kousser. Colorblind Injustice: Minority Voting Rights and the Undoing of the Second Reconstruction. Chapel Hill: University of North Carolina Press. 1999. Pp. x, 590. Cloth $65.00, paper $29.95.
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J. Morgan Kousser concludes his study of voting rights legislation and litigation by noting the historian's duty "to set the story straight" (p. 467). The Supreme Court has built historical concerns into its voting rights jurisprudence, and Kousser insists that applying that jurisprudence well demands that courts rely on good historical practice as determined by historians' standards. |
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According to the Supreme Court, laws whose purpose is to exclude voters because of their race are unconstitutional, and laws defining electoral districts are unconstitutional if race was the predominant factor in drawing district lines. Kousser devotes one chapter to identifying ten factors courts should use to determine purpose and motivation. Notably, these factors are what good historians would use in writing narratives attempting to account for a law's enactment. |
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